Coping with a loss of independence.

Income Replacement Indemnity Following an Employment Injury

Commission des normes, de l'équité, de la santé et de la sécurité du travail

Applying for an Income Replacement Indemnity Following an Employment Injury

Clientele and Requirements
Any worker, as defined in the Act respecting industrial accidents and occupational diseases, who:

  • remains unable to carry on his or her employment for more than 14 full days following an employment injury (see definitions)
  • is not already receiving compensation for the same injury from an agency other than the Commission
Specific terms and conditions apply when the employment injury occurs in a border region or outside Québec.
 
Note
A person who is not considered to be a worker under the Act may nevertheless be entitled to an indemnity in the event of an employment injury if he or she benefits from the optional personal protection provided by the Commission.

The following benefits are payable for injuries occurring in 2018.

Indemnity Paid to a Worker
The income replacement indemnity paid to a worker by the Commission as of the 15th full day of disability equals 90% of his or her weighted net income, up to the insurable annual maximum in effect at the start of the disability ($74,000 in 2018).
 
Weighted net income is calculated on the basis of the worker’s family situation and annual gross income. To find out the amount to which you are entitled, refer to the table of income replacement indemnities.
 
Indemnity Paid to a Student Doing an Unpaid Internship
The income replacement indemnity paid to a student doing an unpaid internship depends on his or her age. If the student:
  • is under age 18, he or she receives a weekly indemnity of $106
  • is 18 years of age or older, the amount of the indemnity is calculated on the basis of an annual gross income calculated using the minimum wage currently in effect
When the student turns 21, the indemnity may be increased if he or she shows the Commission that his or her annual gross income would have been higher upon completing his or her program of studies if he or she had not sustained an employment injury.
 
Reduction of the Indemnity according to the Worker’s Age
The amount of the indemnity is reduced gradually as of the worker’s 65th birthday or, if the worker was 64 years of age or older when the injury occurred, as of the second year following the start of the disability.
 
If, at the time of the injury, you were:
  • under 64 years of age, your indemnity will be reduced:
    • by 25% as of your 65th birthday
    • by 50% as of your 66th birthday
    • by 75% as of your 67th birthday
  • 64 years of age or older, your indemnity will be reduced
    • by 25% as of the 2nd year following the starting date of your disability
    • by 50% as of the 3rd year
    • by 75% as of the 4th year
Reduction of the Indemnity in the Event of a New Job
When you take on a new job, the amount of your indemnity is generally reduced.
 
Your new indemnity amount is calculated as the result of the following subtraction:
90% of the weighted net income for the job you held at the start of disability – 100% of the weighted net income for your new job
 
Indemnity Adjustment
The amount of the indemnity is adjusted every year according to the Consumer Price Index, on the anniversary of the disability starting date.
 
Terms of Payment
The indemnities paid by the Commission:
  • are tax-free
  • cannot be seized, except in situations explicitly provided for in the Act (for example, to pay a support debt)
  • are not transferable to a third party
Indemnities are paid by cheque or direct deposit every 2 weeks.

To apply for an income replacement indemnity, you or your representative must proceed in one of the following ways:

Electronic Form

  1. Use the Réclamation du travailleur online service (in French only) and submit the electronic form.
  2. Send the required documents by mail or fax to the Commission office responsible for your region. To find a Commission office, you can use the Nos bureaux online service (in French only).
Paper Form
  1. Complete the Worker’s Claim form.
  2. Enclose the required documents.
  3. Send your complete application by mail or fax to the Commission office responsible for your region. To find a Commission office, you can use the Nos bureaux online service (in French only).
Note
In both cases, we recommend that you keep one copy of the form (paper or electronic) for your records and another for your employer. The electronic form must be printed before it is submitted. You can also telephone the Commission to ask to receive a copy by mail once your form has been submitted.
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